Complicared situation: CR-1 approved at interview but subject to J1- requirement?

[laucs72 3]

Hello all fellow VJ members,

I have a pretty complicated situation in my hands that is driving me crazy.

I just went through the whole IR-1/CR-1 process and had my interview at the embassy on June 18th and the consul said: "Congrats, your Visa was approved". (Best day ever by the way).

SO the problem is as follows (please, bear with me):

On 2013 I was in the US under a J1 Research Scholar Visa. Both my visa and DS-2019 said that I was "NOT subject to INA 212(e)" (i.e 2-year home residency requirement).

I actually talked to the embassy before starting the process for my CR-1 and asked them if I was good to apply for a immigrant visa if all of my paperwork said that, and they said yes. SO I went ahead and started the process..

But midway through the NVC stage, I was advised to request an Advisory Opinion from USCIS regarding the J1-requirement just to be sure, so I did.

The NVC process went smoothly, my interview did too and just TODAY (AFTER my interview and the approval from the US consul), I received the final decision from USCIS saying that I AM SUBJECT to the requirement, which would mean that I am not supposed to get an immigrant Visa.

I know this is kind of a particular situation, but I just can't seem to find any info that can help me think of what to expect.

The embassy has my passport and my Visa is supposed to be returned to me soon, but I am concerned that it will be denied given this new piece of information.

Does anyone have any experience or advise or opinion on what I could maybe expect or do?

Thanks so much =)

[Hypnos 6,576]

The embassy will probably want to see the advisory opinion from the State Department. Once they see you are subject to the HRR, or you fail to provide the opinion, you will likely have to serve the HRR.

[Ryan H 3,791]

Moved from Progress Reports to Process & Procedures.

[laucs72 3]

The embassy will probably want to see the advisory opinion from the State Department. Once they see you are subject to the HRR, or you fail to provide the opinion, you will likely have to serve the HRR.

Thanks for your reply and opinion. That was my biggest fear.

I just check my visa status on CEAC and I got the great news that my Visa was ISSUED =).

Such a big relieve, which means that the advisory opinion didn't pose any issues for the process.

Thanks

[Hypnos 6,576]

If you were improperly issued the visa when you were not eligible it could well be an issue in the future (when filling RoC if you need to, and then citizenship).

[laucs72 3]

That is true.

I got started on the waiver process as soon as I apply for the advisory opinion just in case and it is being processed. So hopefully it will be available even before I travel.

[Hypnos 6,576]

Well mostly I mean that, since you'll be filing for RoC (as you're getting a CR-1) then at that time the adjudicator may notice the issue with your J-1 and the HRR. It's possible that they will see you were improperly granted a visa before you were eligible, and may then seek to have your green card invalidated. And it that doesn't happen at RoC, it could happen when you file for citizenship. USCIS can revoke any decision if it was made on erroneous information of a material nature (one that would have changed a decision from approval to denial).